14-27-7.5-15. Exemption of Department From Liability
Sec. 15. This chapter does not create a liability for damages against the department or the department’s officers, agents, and employees caused by or arising out of any of the following: (1) The construction, maintenance, operation, or failure of a structure. (2) The issuance and enforcement of a notice of violation or a rule issued […]
14-27-7.5-16. Request to Have Structure Declared High Hazard; Notice
Sec. 16. (a) A property owner, the owner’s representative, or an individual who resides downstream from a structure: (1) over which the department does not have jurisdiction under this chapter; and (2) that the property owner, the owner’s representative, or the individual believes would cause a loss of life or serious damage to the person’s […]
14-27-7.5-17. Prior Law; Expiration
Sec. 17. (a) Notwithstanding sections 9 and 10 of this chapter, a structure that before July 1, 2022, was inspected under this chapter as a: (1) high hazard structure is not required to be reinspected for two (2) years from the date of the previous inspection; (2) significant hazard structure is not required to be […]
14-27-7.5-18. Emergency Action Plans
Sec. 18. (a) A property owner of property that contains a high hazard dam shall prepare an emergency action plan that includes the following: (1) Identifies conditions that may endanger the dam. (2) Identifies remedial actions to prevent or minimize the downstream impacts of a dam failure. (3) Contains contact information to notify local emergency […]
14-27-7.5-8. Powers and Duties of Department; Hazard Classifications; Notice
Sec. 8. (a) The department: (1) has, on behalf of the state, jurisdiction and supervision over the maintenance and repair of structures in, on, or along the rivers, streams, and lakes of Indiana; (2) shall exercise care to see that the structures are maintained in a good and sufficient state of repair and operating condition […]
14-27-7.5-9. High Hazard Structures; Inspections; Report; Duty to Make Repairs or Alterations; Notice of Violation
Sec. 9. (a) The owner of a high hazard structure shall: (1) have a professional engineer licensed under IC 25-31 make an engineering inspection of the high hazard structure at least one (1) time every two (2) years; (2) submit a report of the inspection in a form approved by the department to the department. […]
14-27-7.5-10. Significant and Low Hazard Structures; Inspections; Reports; Fees
Sec. 10. (a) The department shall make an engineering inspection of: (1) a significant hazard structure at least one (1) time every three (3) years; and (2) a low hazard structure at least one (1) time every five (5) years; or at more frequent intervals if the exigencies of the case require. (b) The department […]
14-27-7.5-11. Notice of Violation
Sec. 11. If the department finds that a structure is: (1) not sufficiently strong; (2) not maintained in a good and sufficient state of repair or operating condition; (3) not designed to remain safe during infrequent loading events; or (4) unsafe and dangerous to life and property; the department may issue a notice of violation […]
14-27-7.5-12. Emergency Measures to Protect Life and Property
Sec. 12. (a) If at any time the condition of a structure becomes so dangerous to the safety of life and property that, in the opinion of the department, there is not sufficient time for the issuance and enforcement of an order for the maintenance, alteration, repair, reconstruction, change in construction or location, or removal […]
14-27-7.5-13. Violations
Sec. 13. An owner who knowingly fails to effect the maintenance, alteration, repair, reconstruction, change in construction or location, or removal within the time limit set forth in the notice of violation of the department under: (1) section 11 of this chapter; or (2) IC 13-2-20-4 (before its repeal); commits a Class B infraction. Every […]